Search for: "Matter of Faith S."
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29 Jun 2016, 4:06 am
The Appellate Division, reversing the lower court’s action, reinstated Castro’s petition and remanded the matter to Supreme Court for further proceedings.The Appellate Division summarized the events leading to Castro’s termination as follows: Castro was terminated “after an inmate died because [Castro’s] superior, a captain, thwarted the efforts of several people, including Officer Castro, to assist the inmate with his… [read post]
4 Nov 2023, 9:00 am
My work and advocacy is always centered in justice and dignity for all people no matter faith or ethnicity. [read post]
28 Jul 2021, 12:09 am
Good faith is not an abstract, self-standing duty that may be imposed upon a party as a matter of the law of contract so as to determine the terms upon which the parties to a contract will be taken to have agreed. [read post]
4 May 2022, 8:20 am
But a faithful reading of precedent requires us to grant it here, no matter how troubling I might personally find it. [read post]
18 Oct 2010, 10:55 am
Continuing our coverage on the Ayodhya developments, we feature a guest post by Bhupender Yadav and Vikramjit Banerjee, who are advocates in the Supreme Court.There is a continuous refrain from the secular intelligentsia everyday, that the Judgment of the Allahabad High Court in the Ram Mandir matter is based on faith, and, since faith has no place in law, therefore the judgment is invalid. [read post]
25 Apr 2014, 6:30 am
The Commonwealth Court affirmed the trial court’s decision that the City had properly raised its statute of limitations defense by way of Answer and New Matter under Pa. [read post]
22 Apr 2008, 11:20 pm
India's Supreme Court on Monday dismissed a petition seeking to have it order the government to fund pilgrims of Hindu, Jain and Buddhist faiths to visit places of worship in China, Pakistan, Bangladesh, Sri Lanka and Nepal to the same extent as the government funds Muslim Haj pilgrims. [read post]
3 Apr 2019, 1:00 am
.), the court granted a Motion to Dismiss a bad faith claim in a UIM case and then remanded the matter back to state court.In this case, the UIM Plaintiff argued that the insurer improperly interpreted the policy in refusing to pay full policy limits. [read post]
20 Jun 2011, 11:18 am
State Farm, decided on June 14, 2011, the court denied Plaintiff's claim that State Farm acted in bad faith by not making payment while it waited for information from Medicare about conditional payments owed. [read post]
7 Feb 2024, 6:00 am
His petition, alleged, among other things, that the determination was arbitrary and capricious.The Appellate Division, citing, Matter of Trager v Suffolk County, 185 AD3d 697, explained "An employee's probationary appointment may be terminated ... for any reason or no reason at all, so long as the termination was not in bad faith or for an improper or impermissible reason".* Further, the decision notes that "In demonstrating that administrative actions… [read post]
7 Feb 2024, 6:00 am
His petition, alleged, among other things, that the determination was arbitrary and capricious.The Appellate Division, citing, Matter of Trager v Suffolk County, 185 AD3d 697, explained "An employee's probationary appointment may be terminated ... for any reason or no reason at all, so long as the termination was not in bad faith or for an improper or impermissible reason".* Further, the decision notes that "In demonstrating that administrative actions… [read post]
24 Aug 2012, 10:06 am
While the issue of hair length may seem trivial to non-Sikhs, the recent murder of six Sikhs in Oak Creek, Wisconsin, illustrates that respect for all religions is a very serious matter. [read post]
5 Feb 2020, 1:55 pm
The second scenario, again broadly speaking, is where a party to the contract is given discretion to act with respect to a certain subject matter, but exercises that discretion in a manner that frustrates the purpose of the contract – that is, in a manner implicitly proscribed by the contract’s express terms. [read post]
15 Nov 2023, 12:09 pm
The lesson from today’s blog is that proving the wrongful outcome and biased opinion is a different matter than saying it. [read post]
18 Jan 2010, 7:17 pm
In AFFIRMING the lower court's denial of Nova's motion, the Second Department held that although Nova had made a prima facie showing of entitlement to judgment as a matter of law based on the plaintiff's approximately four-month delay in notifying Nova of the underlying incident, in opposition, the plaintiff raised a triable issue of fact as to whether its delay was reasonably based on a good-faith belief of nonliability. [read post]
2 Jan 2023, 9:01 pm
MAGA world’s Blake Masters lost his Senate bid to incumbent Mark Kelly.The Arizona sweep by non-election deniers in Arizona matters for 2024. [read post]
19 Apr 2012, 4:56 am
Even if the affiant's representations were not deliberately false on his part, in the circumstances of this case and given Blackwell's unrefuted testimony, they were made with reckless indifference of the truth and misleaded the state judge on the matter of probable cause. [read post]
14 Mar 2011, 3:36 am
I will dedicate two weeks to this case and will address the carrier’s defenses in next week’s post so that this week I can start with the details of how the claim originated and how the matter came to be evaluated by the Appellate Court.When Mr. [read post]
24 Jan 2013, 10:50 am
One of the exceptions is when an injured worker’s benefits are modified by a finding of “bad faith. [read post]
20 May 2020, 5:46 pm
.), a Federal District Court Magistrate Judge denied a Motion to Dismiss a Breach of Contract and Bad Faith Claim arising out of UIM matter. [read post]
